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Friday, March 1, 2019

Laker v. Bd. of Trustees of the Cal. State Univ.

Dr. Jason Laker (Laker) sued the Board of Trustees of the California State University (University) and Mary McVey for defamation and retaliation arising from a series of internal investigations conducted by the University.  The defendants filed an anti-SLAPP motion to strike the complaint under Code of Civil Procedure section 425.16, which the trial court denied on the ground that the defendants failed to show that Laker’s defamation and retaliation claims arose from any activity protected by section 425.16.  For the reasons explained below, we agree with the University and McVey that the trial court erred in that finding as to Laker’s defamation claim.  However, we affirm the trial court’s denial of the University’s motion to strike Laker’s retaliation claim, although we strike one allegation contained in that claim.

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